As far as I'm aware, it was a covenant put in place by Beezer, but I don't know if this would have been automatically taken on by Persimmon when they bought Beezer out.
Did they buy all the assets etc?
Sorry to take so long to reply. I managed to press the wrong button & lost our conversation for a while. I really don't know if they bought all the assets. All I know is that Persimmon took over the Beazer company in 2001, so does that mean that they would automatically acquire all assets, including the covenant on our estate?
What you can do is get insurance against this form of event
So insurance in the event that someone comes along and seeks to enforce the covenant.
I would seek this insurance and then get the work done
Can I clarify anything for you about this today please?
Thank you for your advice. What kind of insurance would we be looking at, if we decide to go ahead? If it's necessary to insure, does this mean that we have actually broken the covenant & could be penalised for it? Who is likely to enforce the covenant? Would it be Persimmon, if they have possession of all the assets from Beazer? As you may have guessed, we are reluctant to do anything unless we are confident that our actions are unlikely to be challenged.
Thank you very much for your help & time. Hopefully, we'll now go ahead with it.